59-30,119.

566 words·~3 min read·/ks/chapter-59/59-30-19

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

59-30,119. Compensation and expenses; in general; costs of proceedings; payments.

(a)Unless otherwise compensated or reimbursed, an attorney for a respondent in a proceeding under this act is entitled to reasonable compensation for services and reimbursement of reasonable expenses from the property of the respondent.

(b)Unless otherwise compensated or reimbursed, an attorney or other person whose services resulted in an order beneficial to an individual subject to guardianship or conservatorship or for whom a protective arrangement under K.S.A. 59-30,197 or 59-30,198 , and amendments thereto, was ordered is entitled to reasonable compensation for services and reimbursement of reasonable expenses from the property of the individual.

(c)The court must approve compensation and expenses payable under this section before payment. Approval is not required before a service is provided or an expense is incurred. The costs may be taxed to the property of the respondent or individual subject to guardianship or conservatorship or for whom a protective arrangement under K.S.A. 59-30,197 or 59-30,198 , and amendments thereto, was ordered, to those bound by law to support such person, to other parties whenever it would be just and equitable to do so, or to the county of residence of the respondent or individual subject to guardianship or conservatorship or for whom a protective arrangement under K.S.A. 59-30,197 or 59-30,198 , and amendments thereto, was ordered as the court having venue shall direct.

(d)If the court dismisses a petition under this act and determines the petition was filed in bad faith, the court may assess the cost of any court-ordered professional evaluation or court liaison and attorney fees against the petitioner or the petitioner's counsel.

(e)In any contested proceeding the court, in its discretion, may require one or more parties to give security for the costs of the proceeding or, in lieu of such security, to file a poverty affidavit as provided for in the code of civil procedure.

(f)Any district court receiving a statement of costs from another district court shall approve the same for payment out of the general fund of its county except that it may refuse to approve the same for payment only on the grounds that the respondent or person under guardianship or conservatorship is not a resident of that county. In such case it shall transmit the statement of costs to the secretary of the department for children and families who shall determine the question of residence and certify those findings to each district court. If the claim for costs is not paid within 30 days after such certification, an action may be maintained thereon by the claimant county in the district court of the claimant county against the debtor county. The findings made by the secretary of the department for children and families as to the residence of the respondent or person subject to guardianship or conservatorship shall be applicable only to the assessment of costs. Any county of residence which pays from its general fund court costs to the district court of another county may recover the same in any court of competent jurisdiction from the estate of the respondent or person subject to guardianship or conservatorship or from those bound by law to support the respondent or person subject to guardianship or conservatorship, unless the court finds that the proceedings in which such costs were incurred were instituted without good cause and not in good faith.